The appointment of a male agent for a female principal and vice versa is valid.
The appointment of a male agent for a female principal and vice versa is valid. Rule 108: There is no objection to appointing, as agent, a person who has not been to pilgrimage before, irrespective of whether or not the principal had been on pilgrimage before. The gender of the agent or the principal does not matter. Some scholars say that it is discouraged (makrouh) to appoint, as agent, a person who has not been on pilgrimage before, but this is not proved.
However, in the case of a principal who is alive but has not been able to perform Hajjatul Islam or had a pilgrimage to perform, but died before performing it, it is preferable to appoint, as agent, a person who has not been on pilgrimage before. Rule 109: It is necessary that the principal must be Muslim. Thus, acting as agent for an infidel is invalid, even if the infidel has died while still enjoying some wealth.
If his heir is a Muslim, it is not obligatory on him to appoint an agent to perform an obligatory pilgrimage for the deceased. As for an enemy of Ahlul Bait (the Household of the Prophet 's.a.w.'), acting as agent for him, it is not in order, except that it is permissible for a son of such a person himself to perform an obligatory pilgrimage for his father; for the other relatives there is ishkal (problem).
However, there is no harm in performing pilgrimage and dedicating its reward (thawab) to a relative. Rule 110: There is no objection to appointing an agent to perform an optional pilgrimage for a living person, whether gratuitously or for reward. The same goes for an obligatory pilgrimage for a person who is unable to do it personally for a valid reason. Performing pilgrimage by proxy on behalf of a living person is not permissible, apart from these two cases.
An appointment of an agent for a dead person is always valid, whether gratuitous or for reward and whether for an obligatory or an optional pilgrimage. Rule 111: It is necessary for the validity of the agency that the intent must be to perform pilgrimage for the principal, who should be known through any means of identification. Although it is not necessary that his name be uttered, it is recommended that the principal be remembered in all the ceremonies.
Rule 112: Just as performing an obligatory pilgrimage is valid, whether it is gratuitous or by permission, so is it valid if it is for reward or in fulfilment of a condition of contract.